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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2234
Experience:  Experience in residential real estate and commercial leases.
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I signed a lease with a woman (wife of the title owner of a

Customer Question

I signed a lease with a woman (wife of the title owner of a condo) and 4 weeks in there was a foreclosure notice on my door. Is this lease valid even though I did not sign it with the husband, the title owner? I want to know if this lease is binding and I have rights as a legitimate tenant. The checks were made to her and I believe she is hiding the money as her and her husband are going through a divorce.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Sorry you are dealing with this situation and are caught in the middle of a property ownership divorce. As long as the person (landlord) that signed the lease is a titled owner (on the deed) the lease is valid and the tenant is the entitled to all the protections as a tenant and under the state's landlord tenant act.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Customer: replied 1 year ago.
Thank you. The woman I signed the lease with is not on the title, her husband is so based on your answer my lease is invalid correct?Do I have any rights at this point? I live there and got a notice posted on my door that the foreclosure sale is set for 6.23.15. I stopped my rent payment for this month and the woman is still asking for my money. She also has all my financial information as she requested it so I could rent the place. Can we ruin my credit if the lease is not valid? Thanks for your help
Expert:  J. Warren replied 1 year ago.
Thank you for clarifying that she is not on the title. The lease is not valid, a person may not lease property which either she does not own or for which she is not an agent with authority granted by the owner. She did not have the legal authority to lease if not an owner and the agent of the owner.
Now you believed she was the owner and she presented herself as such so you still are protected under the landlord tenant act. She can't enforce a lease agreement which she had no authority to enter into. In other words, she lacks the standing to evict based on non-payment of rent. Any information reported to the credit bureaus (which likely would only be an eviction-which she cannot get) could be disputed and removed as inaccurate based on the agreement being invalid.
From a practical standpoint, if I were in your shoes, I would be looking for a new place to rent immediately and vacate the premises just to avoid potential headaches down the road.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Expert:  J. Warren replied 1 year ago.
I also wanted to mention that you are not a trespasser as you were under the reasonable belief that the wife had the right to enter into a lease. If the husband wants you to vacate he would have the right to give you a notice to quit and if you fail to leave could file for an eviction. Before it comes down to an actual formal eviction (which could harm your credit) it would be prudent for you to leave.
Potentially the wife could be held liable for your expenses for moving. This would be a legitimate cause of action that could be filed in small claims. The husband may also ratify the lease agreement and has the ability to allow you to stay on the premises under the terms of the current lease agreement or can enter into a new lease with you.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Expert:  J. Warren replied 1 year ago.
Please let me know if I can provide further information. Best of luck resolving this unfortunate situation.

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